Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 4

Powers of court to make orders

(1) Where an application is made for an order under this section, the court
may, if it is satisfied that the disposition of the deceased's estate effected
by his will or the law relating to intestacy, or the combination of his will
and that law, is not such as to make reasonable  financial provision for the
applicant, make any one or more of the following orders-

   (a)  an order for the making to the applicant out of the net estate of the
        deceased of such periodical payments and for such term as may be
        specified in the order;

   (b)  an order for the payment to the applicant out of that estate of a lump
        sum of such amount as may be so specified;

   (c)  an order for the transfer to the applicant of such property comprised
        in that estate as may be so specified;

   (d)  an order for the settlement for the benefit of the applicant of such
        property comprised in that estate as may be so specified;

   (e)  an order for the acquisition out of the property comprised in that
        estate of such property as may be so specified and for the transfer of
        the property so acquired to the applicant or for the settlement
        thereof for his benefit.

(2) An order under subsection (1)(a) providing for the making out of the
net estate of the deceased of periodical payments may provide for-

   (a)  payments of such amount as may be specified in the order;

   (b)  payments equal to the whole of the income of the net estate or of such
        portion thereof as may be so specified;

   (c)  payments equal to the whole of the income of such part of the
        net estate as the court may direct to be set aside or appropriated for
        the making out of the income thereof of payments under this section,
        or may provide for the amount of the payments or any of them to be
        determined in any other way the court thinks fit.

(3) Where an order under subsection (1)(a) provides for the making of payments
of any amount specified in the order, the order may direct that such part of
the net estate as may be so specified shall be set aside or appropriated for
the making out of the income thereof of those payments; but no larger part of
the net estate shall be so set aside or appropriated than is sufficient, at
the date of the order, to produce by the income thereof the amount required
for the making of those payments.

(4) An order under this section may contain such consequential and
supplemental provisions as the court thinks necessary or expedient for the
purpose of giving effect to the order or for the purpose of securing that the
order operates fairly as between one beneficiary of the estate of the deceased
and another and may, in particular, but without prejudice to the generality of
this subsection-

   (a)  order any person who holds any property which forms part of the
        net estate of the deceased to make such payment or transfer such
        property as may be specified in the order;

   (b)  vary the disposition of the deceased's estate effected by the will or
        the law relating to intestacy, or by both the will and the law
        relating to intestacy, in such manner as the court thinks fair and
        reasonable having regard to the provisions of the order and all the
        circumstances of the case;

   (c)  confer on the trustees of any property which is the subject of an
        order under this section such powers as appear to the court to be
        necessary or expedient. (Enacted 1995) [cf. 1975 c. 63 s. 2 U.K.]